Evidence to Prove Conspiracy | скачать в хорошем качестве

Evidence to Prove Conspiracy |

EVIDENCE TO PROVE CONSPIRACY “Article 23: Things said or done by conspirator in reference to common design: Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy, as for the purpose of showing that any such person was a party to it.” Ingredients 1. Where there is reasonable ground to believe that two or more persons have conspired together 2. To commit an offence or an actionable wrong 3. Anything said, done or written by any one of such persons in reference to their common intention is a relevant fact a) as against each of the persons believed to be so conspiring b) as well for the purpose of proving the existence of the conspiracy c) as for the purpose of showing that any such person was a party to it Where there is reasonable ground to believe that two or more persons have conspired together This ingredient specified this Article to only cases of conspiracy We will understand in this ingredient What is conspiracy, reasonable ground to believe What is Conspiracy? Conspiracy is an agreement to do an illegal act or lawful act by unlawful means. This definition of conspiracy is showing that it is an agreement, agreement word is showing that, there are two or more parties, therefore conspiracy can be done by two or more persons as showing in the wording of Aricle Reasonable ground to believe We may understand this by an example If A is accused of Murder, soon after the incident, he went to shop of B, he communicate with the shop keeper (B) and buys cigarette. Another situation is that, soon after murder, A went to the shop of B, he calls him out of shop, he secretary communicate with him. Now in second situation, there is a reasonable ground to believe that, he might have informed the murder. To commit an offence or an actionable wrong This ingredient tells us that, this Article applies to both cases civil as well as criminal cases. In criminal cases, it is an offence and in civil cases, it is a tort as well. Anything said, done or written by any one of such persons in reference to their common intention If any one of them said something, done something or written something in reference to their common intention, then, it will become the relevant fact. Common intention mean two or more person have shared goal and plan. Example: A person has sent a messege soon after murder , task done. This written messege is relevant He hands over Pistol to another person is relevant as this act is showing that Anything said, done, written will be the relevant fact in the court Firstly, to prove that, they were conspiring, meaning there by they both were involved in anytype of conspiracy Secondly, existence of conspiracy, it means, conspiracy exists. Thirdly, showing that any one of them is a party to conspiracy Example: If a person committed murder and soon after, he meets a person and receiving money and try to conceal their conversation is a reasonable ground to believe that there exists conspiracy. If a person murders another person, soon after the murder police finds the message conversation of accused and the wife of deceased in which they were talking to go abroad on a certain date. This written communication may be given to prove the conspiracy.